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Changes to the Way Renewals of Nonimmigrant Work Visas are Handled
Employers who have hired nonimmigrant workers usually acts as sponsors for visas for the workers they employ. Not every employer wants to go through the process of hiring a foreign worker, and many employers prefer to employ foreign workers only if they already have work authorization independent of their employment. Applying for a visa for a nonimmigrant worker can be an expensive process for the employer, and can cause work disruptions when the time comes to renew the visa. Under new guidelines from the United States Customs and Immigration Service (USCIS), the process may get more expensive and time consuming for both the employer and the worker.
Before the changes announced in October, when a nonimmigrant worker needed a visa extension, the application for an extension was not reviewed with the same level of scrutiny as an initial application when there were no changed circumstances with the worker and his employment. However, under current guidelines, the adjudicator reviewing an application for an extension has the discretion to review the application as though it is a new application.
This means that the applicant has the burden of proving all the facts that make him eligible for a work visa, even though nothing has changed since the initial application. The additional requirements are expected to add time and expense to the extension process, which in turn is likely to discourage employers from hiring foreign workers. Visa renewals for foreign workers are usually up for renewal every three years; although in some cases visas may need to be renewed in one to two years. Under the new guidelines, employers and workers may need to go through the grueling renewal process annually or every three years.
This change follows other updates to policies increasing scrutiny on employers who hire workers, especially on the H-1B visa program. The H-1B visa program was originally supposed to allow employers to hire highly skilled foreign workers in fields where there was a shortage of American workers. The H-1B visa process has been criticized as awarding visas to non-qualified workers, and has been targeted for major revision and possible elimination by the current administration. There could be other changes coming to the H-1B visa program and other programs authorizing foreign workers to work in the country. One such change would eliminate a rule allowing spouse of H-1B visa recipients to work in the country under a H-4 dependent visa.
There are legitimate issues with how some employers hire nonimmigrant workers. However, the guidelines implemented by USCIS will probably cause difficulty for legitimate candidates in addition to those who are being hired fraudulently.
Contact an Experienced Immigration Attorney
If you are currently working in the United States on a nonimmigrant visa, you need to review your status and the options you have to continue working legally in the United States. You should consult your own immigration attorney to explore your options if you are nearing the expirations of your visa. For more information, contact our multi-lingual staff to speak to experienced immigration attorney Nathan Wei from Strassburg, Gilmore & Wei, LLP, in Pasadena, California for a consultation.
Undocumented Immigrants and Business Ownership
While some immigrants come to the United States to escape dangerous conditions in their countries, a great number of immigrants also come to the United States to seek economic opportunities through better jobs and sometimes owning their own businesses. Undocumented immigrants who want to start their own businesses may find the process straightforward, although it does not ultimately change their immigration status.
An undocumented immigrant starting a business is not something that is technically sanctioned by the law, and in some ways successfully opening the business as an immigrant is a matter of using certain loopholes in the law. Immigrants who want to open a business in the United States are required to obtain an EB-5 visa, which allows the immigrant to apply for a green card in exchange for investing anywhere from half a million to a million or more dollars in a business in the United States. Not many people can afford this type of visa, and therefore undocumented immigrants opt to go through other avenues.
The first and most obvious challenge to starting a business as an undocumented immigrant is the lack of a social security number. However, most undocumented immigrants overcome this by applying for an individual taxpayer identification number (ITIN). In order to apply for a ITIN, a person has to submit some identifying documentation, such as birth certificate or a foreign passport.
ITINs are issued regardless of a person’s immigration status for purposes of filing taxes. This number cannot give a person work authorization in the United States in the same manner as a social security number. Once a person has an ITIN, he can apply for an employer identification number and set up a business.
With these numbers, an undocumented immigrant can apply for city and state licenses to ensure that the business is in compliance with local laws. However, even business owners who have otherwise followed the law on opening the business and paid all required taxes can be deported as easily as non-business owners who are in the country illegally.
An undocumented immigrant who chooses to open a business takes a chance that he or she can be deported at any time. For example, if the business is robbed, or an employee is attacked and the police are called in, the business owner takes the chance that his or her immigration status will come up, resulting in deportation. Business owners must also make sure that they pay all required taxes on the business income in order to avoid legal issues related to the nonpayment of taxes.
Financial challenges may also affect an undocumented immigrant’s ability to open a business. Because of his or her status, the person may not be able to qualify for a business loan or government grant, and has to rely on savings alone. This may mean that it could take a long time to raise the money it would take to launch a business, and therefore, it means deferring the dream of business ownership.
Let Us Help You with Your Immigration Problem
If you are in the country illegally, own a business, and are facing deportation, you need to consult with an experienced immigration attorney. Business ownership does not have to act against you in a deportation proceeding. Contact our multi-lingual staff to speak to experienced immigration attorney Nathan Wei from Strassburg, Gilmore & Wei, LLP, in Pasadena, California for a consultation.
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